Agenda

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Public Hearing 2. E.

Special BOS Meeting

Meeting Date:	07/24/2018
Submitted For:	Michael O'Driscoll	Submitted By:	Paula Horn, Deputy Director of Health
Department:	Health & Emergency Management

Information

Request/Subject

Public Hearing to Adopt Resolution No. 18-07-02 amending Ordinance No. 05-01-Gila County Hearing Officer Rules of Procedure.

Background Information

During the Board of Supervisors' (BOS) work session on March 28, 2017, James Menlove, then Gila County Finance Director, discussed the idea of converting Gila County hearing officers from part-time employee status to independent contractors. After the discussion, the Board of Supervisors directed staff to move forward and create a plan to convert the hearing officers to independent contractors. Further, the Board of Supervisors requested staff to present the finalized plan at a future work session.

During the BOS work session held on July 25, 2017, Michael O'Driscoll, Health and Emergency Management Division Director, presented to the Board of Supervisors a proposed new hearing officer ordinance along with draft hearing procedures for Environmental Health, Animal Control, Onsite Wastewater, Floodplain, and Planning and Zoning. During this meeting Jeff Dalton, Deputy County Attorney, Civil Bureau Chief, recommended meeting with Mr. O'Driscoll to discuss in more detail the proposed ordinance.

Evaluation

The Directors of Health and Emergency Management and Community Development, the County Manager and the County Attorney's Office met on several occasions to merge the hearing officer rules of procedure for Building and Zoning, Environmental Nuisance, Floodplain, Public Health Nuisance and Animal Control. The team agreed that this project should be changed to utilize existing Ordinance No. 05-01 by amending it to expand the authority of the hearing officer to enforce Public Health Nuisances, the Animal Control Ordinance, and Barking Dog Prohibitions and Regulations.

Arizona Revised Statute (A.R.S.) § 11-251.05-Ordinances (C) states, "Prior to adoption, amendment or repeal of an ordinance under this section, the board of supervisors shall hold a public hearing thereon at least fifteen days' notice of which shall be given by one publication in a newspaper of general circulation in the county seat. After adopted or amended, the ordinance shall be published at least once in a newspaper of general circulation in the county seat."

Conclusion

After several meetings between, Mr. O'Driscoll, Mr. Buzan, Mr. Dalton and Charles Shire, Senior Deputy County Attorney-Civil, it was decided to adopt a resolution stating that Ordinance No. 05-01 would be amended whereby the authority of the hearing officer (as outlined in Ordinance No. 05-01) would be expanded to enforce Public Health Nuisances, the Animal Control Ordinance, and Barking Dog Prohibitions and Regulations.

Moving forward with this project would allow the Gila County Board of Supervisors to appoint hearing officers to hear and determine violations to the Gila County Flood Control District, Onsite Wastewater program, Building and Zoning issues, Public Health Nuisances, and Animal Control violations.

A public hearing notice was published in the Arizona Silver Belt newspaper on June 27, 2018, in accordance with A.R.S. § 11-251.05.

Recommendation

It is the recommendation of the Directors of Health and Emergency Management and Community Development, County Manager James Menlove and Deputy County Attorney Chuck Shire for the BOS to convene a public hearing to obtain public comments on this proposed amendment to Ordinance No. 05-01; and vote to adopt Resolution No. 18-07-02 amending Ordinance No. 05-01.

Suggested Motion

Convene a public hearing to hear citizens who may wish to comment on amended Ordinance No. 05-01; and adopt Resolution No. 18-07-02 amending Ordinance No. 05-01 - Hearing Officer Rules of Procedure to expand the authority of the hearing officer to enforce Public Health Nuisances, the Animal Control Ordinance, and Barking Dog Prohibitions and Regulations. (Michael O'Driscoll)

Attachments
Resolution No. 18-07-02 with Amended Ordinance No. 05-01
Ordinance No. 05-01-Amended-Redlined
Adopted Gila County Hearing Officer Ordinance No. 05-01
Public Hearing Notice - Ordinance No. 05-01